Fed. Circ. Puts PTAB Assignor Estoppel To Rest

Law360 (November 15, 2018, 8:57 PM EST) -- The Federal Circuit's ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court's ruling in Wi-Fi One.

The appeals court in a Nov. 9 ruling held assignor estoppel, a doctrine that prevents former owners of a patent from challenging its validity, does not apply in IPR. The court said Arista Networks Inc. was able to bring an IPR against a Cisco Systems Inc. patent covering Ethernet switch products.

The decision, which marked the first time the Federal...

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